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Defending Parties

For those defending a claim of IP infringement, it is important to analyse and address the particulars of the claim without delay, as not every claim has merit (even when being advanced by a well-known law firm).

Important initial considerations include, for example whether: the purported rights holder really holds the rights they are threatening to enforce; the actions complained of constitute an infringement of that IP right; and whether there a valid defence to the actions complained of.

There are many other elements to critically analyse at the outset in assessing whether an IP claim has been properly made or not, and so it is recommended specialist legal counsel is consulted as matter of urgency in such cases. It may be that it is necessary for example, to apply for an injunction to prevent a misguided party from attempting to enforce rights they do not actually hold.

IP law is complex, with many traps to snare the unwary and inexperienced. It is important therefore that the facts are analysed by specialists in IP at the earliest opportunity, so that the best case, whether prosecuting or defending, is presented at the outset, to maximise the chances of a favourable outcome.

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